WHETHER THE TRIBUNAL IS JUSTIFIED IN FIXING CONTRIBUTORY NEGLIGENCE ON THE PART OF THE DECEASED FOR NOT WEARING A HELMET?

18th April 2021

The Kerala HC heard an appeal against an order passed by the Motor Accidents Claims Tribunal, where the tribunal reduced the compensation of the deceased by applying the principle of Contributory negligence.

FINDINGS OF TRIBUNAL

Tribunal found that since the deceased was not wearing protective headgear, 20% of the compensation must be reduced, attributing contributory negligence.

DECISION

The Court observed that Section 129 deals with the wearing of protective headgear. Just because there is a violation of Section 129 of the Motor Vehicles Act 1988 by a victim in an accident, there is no presumption that there is contributory negligence on the part of the one who wasn't wearing the helmet. It is to be decided by the facts and circumstances of each case.

As a result, the impugned award is modified.

Author: Papiha Ghoshal

Pc - local press co.